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Art. 1296.

When the principal obligation is extinguished in consequence of a novation, accessory


obligations may subsist only insofar as they may benefit third persons who did not give their consent.
(1207)
General Rule:
The accessory follows the principal and not vice versa.
Exception:
An accessory obligation created in favor of a third person which remains in force unless said
third person gives his consent to the novation.
Example:
A owes B P20, 000 with interest at 14%.
B owes C P2, 800.
It was agreed among parties that A would pay the interest of P2, 800 to C. In this case, besides
the principal obligation of A, there is a stipulation in favor of C, a third person. Later on, A and B
executed another contract whereby they agreed that A would deliver to B a television set in payment of
the loan.
In spite of the novation, accessory obligation to pay the interest of P2, 800 to C still subsists
unless C gives his consent to the novation.

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